DC37 v. City, 10 OCB 77 (BOC 1972) [Decision No. 77-72 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION --------------------------------X In the Matter of DISTRICT COUNCIL 37, AFSCME, DECISION NO. 77-72 AFL-CIO, and/or its affiliated locals DOCKET NOS. RB-26-72 and RU-329-72 -and-THE CITY OF NEW YORK AND RELATED PUBLIC EMPLOYERS --------------------------------X DECISION AND ORDER By a notice dated October 6, 1972, the parties hereto were advised by the Board of Certification of its proposal to consolidate certain specified Certifications held by District Council 37, AFSCME, AFL-CIO, and/or its affiliated locals. The said notice set forth the titles (with, the inadvertent omission of Supervising Typewriter Maintainer) within the Certifications proposed to be consolidated by the Board and included the title of Housing Police Administrative Aide, which had been petitioned for (RU-329-72) by D.C. 37, and the related title of Senior Police Administrative Aide. The said notice also afforded all parties, including the parties hereto, an opportunity to show cause why such proposed consolidation of the specified units and titles should not be acted upon, and said notice was published in the City Record on October 12, 1972.
Decision No. 77-72 2 Docket Nos. RB-26-72 And RU-329-72 By letter dated October 24, 1972, the Office of Labor Relations indicated a limited objection to the proposed consolidation, stating that it did “not go far enough” and favored instead an expanded consolidation which would include other proposals made by the Board (Cases RB-18-72 and RB-19-72). The Union has opposed the City’s suggestion for an expanded unit beyond that proposed by the Board and, basically, supports the Board’s proposed consolidated unit. However District Council 37, in a letter dated November 3, 1972 also recommends that the titles of Head Clerk and Chief Clerk be added to the proposed consolidated unit herein. Our investigation shows that, with the exception of a single Head Clerk employee in the Office of the District Attorney of New York County, all Head Clerks and Chief Clerks are employed by either the Judicial Conference or the Off-Track Betting Corporation. The Judicial Conference employees in these titles are among a sizeable group of clerical employees of that agency who are the subject of a current Board investigation regarding consolidation possibilities. Employees of the Off-Track Betting Corporation in these titles are included in an “indus trial type” unit, consisting of virtually all of that Agency’s employees, which has previously been voluntarily recognized by the Corporation. In regard to the one Head Clerk employee in the New York County District Attorney’s Office, the Board has ascertained that the Head Clerk title for
Decision No. 77-72 3 Docket Nos. RB-26-72 And RU-329-72 the District Attorneys Office has been officially deleted from the classification system by the City Civil Service Commission (C.C.S.C. Resolution No.72-38). While we do not determine that either of the proposed expanded units is, per se, undesirable, we are of the view that they, are premature at this time and, therefore, we shall adopt our proposal as final without, however, prejudice to the position of either party that still further consolidation is desirable. Therefore, the Board’s proposal is adopted as the decision of the Board, and, accordingly, the Board directs consolidation of the specified units as set forth in the order entered herein. 0 R D E R NOW, THEREFORE, pursuant to the powers vested in the Board of Certification by the New York City Collective Bargaining Law, it is hereby ORDERED that Certifications 54-72 (as amended by Decisions 65-72 and 71-72), 59-72, 55-68 (as amended by Decision No.50-72), I-IR-21/67 (covering Process Server), 9 NYCDL No.15 (covering Senior Process Server), CWR-53/67, CWR-54/67, 52-68 (as amended by Decision No.43-70), MR-20/64 (covering Typewriter Maintainer, Senior Typewriter Maintainer, and Supervising Typewriter Maintainer), that portion of
Decision No. 77-72 4 Docket Nos. RB-26-72 And RU-329-72 Certification 6 NYCDL No.59 covering Registrar Assistant, and the Certification by reason of prior voluntary recognition covering the titles of Chief Office Assistant, Confidential Secretary (excluding exempt positions) Engineering Draftsman and Photographer, Legal Secretary, Senior Legal Secretary, Executive Stenographer, Office Assistant, Photographer and Photostat Operator, Secretary, Senior Secretary, Senior Process Server and Court Aide, Supervising Process Server and Court Aide, Head Process Server and Court Aide, Supervising Process Server, and Head Process Server, be, and the same hereby are, combined and consolidated so as to constitute one bargaining unit consisting of the titles set forth below; and it is further ORDERED that the titles of Housing Police Administrative Aide and Senior Police Administrative Aide be, and the same hereby are, added to and included in the unit as herein consolidated; and it is hereby CERTIFIED that District Council 37, AFSCME, AFL-CIO, and/or its affiliated locals, is the exclusive representative for the purposes of collective bargaining of all employees in the consolidated unit, to wit: Account Clerk, Clerk (including specialties) , Data Control Clerk, Department Library Aide, File Clerk, Hospital Clerk, Medical Clerk, Shop Clerk, Messenger, Senior Messenger, Supervising Messenger, Public Services Aide, Assistant Public Services Officer, Public Services Officer, Maintenance Control Scheduler, Senior Clerk
Decision No. 77-72 5 Docket Nos. RB-26-72 And RU-329-72 (including specialty), Stenographer (Law), Senior Accounting Machine Operator, Tabulator Operator Trainee, all basic and senior level titles in the Office Appliance Operator, Telephone Operator, and Stenographic and Typing Occupational Groups, E.E.A. equivalents to all of the foregoing titles, Supervising Clerk (including specialty) , Supervising Blueprinter, Supervising Blueprinter and Photostat Operator, Supervising Key Punch Operator, Supervising Stenographer, Supervising Tabulator Operator, Supervising Telephone Operator, Supervising Typist, Principal Account Clerk, Administrative Aide, Police Administrative Aide, Police Office Associate (E.E.A.,6,W), Process Server, Senior Process Server, Cashier, Ticket Agent, Toll Collector (Markets) Senior Toll Collector (Markets) , Parking Meter Collector, Supervising Parking Meter Collector, Typewriter Maintainer, Senior Typewriter Maintainer, Supervising Typewriter Maintainer, Registrar Assistant, Chief Office Assistant, Confidential Secretary (excluding exempt positions) , Engineering Draftsman and Photographer, Legal Secretary, Senior Legal Secretary, Executive Stenographer, Office Assistant, Photographer and Photostat Operator, Secretary, Senior Secretary, Senior Process Server and Court Aide, Supervising Process Ser ver and Court Aide, Head Process Server and Court Aide, Supervising Process Server, head Process Server, housing Police Administrative Aide, and Senior Police Administrative Aide, employed by the
Decision No. 77-72 6 Docket Nos. RB-26-72 And RU-329-72 City of New York and related public employers subject to the jurisdiction of the Board of Certification, and, further, subject to existing contracts, if any, covering any or all of said employees. DATED: New York, N.Y. December 22, 1972 ARVID ANDERSON CHAIRMAN WALTER L. EISENBERG MEMBER ERIC J. SCHMERTZ MEMBER
Decision No. 77-72 Docket Nos. RB-26-72 And RU-329-72 The titles and title code numbers of the employees affected by this decision are as follows: Account Clerk 10105 Administrative Aide 10134 Alphabetic Key Punch Operator (IBM) 10905 Assistant Public Services Officer 60807 Blueprinter 11110 Blueprinter and Photostat Operator 11111 Bookkeeping Machine Operator 11505 Cashier 10605 Chief Office Assistant 01254 Clerk (including specialties) 10106, 10113, 10098 Clerk (E.E.A.), (E.E.A.-6), (E.E.A.-W) 08984, 08949, 08950 Confidential Secretary 01356 Courier (E.E.A.),(E.E.A.-W) 03446, 03545 Data Control Clerk 00032 Department Library Aide 60101 EDP Card Punch Operator (E.E.A.), (E.E.A.-W) 03313, 03546 Engineering Draftsman and Photographer 01490 Executive Stenographer 01502 File Clerk 01504 Fiscal Office Assistant (E.E.A.), (E.E.A.-6), (E.E.A.-W) 03322, 03484, 03548 Head Process Server 01578 Head Process Server and Court Aide 01574 Hospital Clerk 10706 Hospital Office Assistant (E.E.A.) 03295 Housing Police Administrative Aide 70906 Key Punch Operator 10907 Legal Secretary 01665 Maintenance Control Scheduler 03976 Medical Clerk 10108 Medical Recorder (E.E.A.) 00131 Messenger 12005 Office Appliance Operator 11705 Office Assistant 01715 Office Assistant (E.E.A.),(E.E.A.-6), (E.E.A.-W) 03295, 03492, 03553 Office Machine Assistant (E.E.A.) 03447, 03554 (E.E.A.-W)
Decision No. 77-72 Docket Nos. RB-26-72 And RU-329-72 Parking Meter Collector 41110 Photographer and Photostat Operator 01732 Photostat Operator 11112 Police Administrative Aide 10144 Police Office Associate (E.E.A.), (E.E.A.-6), (E.E.A.-W) 03304, 03495, 03558 Principal Account Clerk 01740 Process Server 30205 Public Services Aide 60806 Public Services Officer 60811 Registrar Assistant Secretary 01820 Secretary (E.E.A.),(E.E.A.-6) 03299, 03497 Senior Accounting Machine Operator 00019 Senior Clerk (including specialty) 10111, 10099 Senior Key Punch Operator 10917 Senior Legal Secretary 01857 Senior Messenger 12010 Senior Office Appliance Operator 11710 Senior Police Administrative Aide 10147 Senior Process Server 30210 Senior Process Server and Court Aide 01867 Senior Remington Bookkeeping Machine Operator 11810 Senior Secretary 01866 Senior Stenographer 10216 Senior Tabulator Operator 11033 Senior Telephone Operator 10810 Senior Toll Collector (Markets) 41116 Senior Typewriter Accountant 11910 Senior Typewriter Bookkeeper 11911 Senior Typewriter Maintainer 90835 Senior Typist 10310 Shop Clerk 10132 Stenographer 10205 Stenographer (Law) 10207 Stenographic Transcriber (E.E.A.), (E.E.A.-6) 03298, 03499 Supervising Blueprinter 11120 Supervising Blueprinter and Photostat Operator 11121 Supervising Clerk (including specialty) 10120, 10123
Decision No. 77-72 Docket Nos. RB-26-72 And RU-329-72 Supervising Key Punch Operator 03985 Supervising Messenger 12015 Supervising Parking Meter Collector 41112 Supervising Process Server 30215 Supervising Process Server and Court Aide 01926 Supervising Stenographer 10220 Supervising Tabulator Operator 11034 Supervising Telephone Operator 10815 Supervising Typewriter Maintainer 90850 Supervising Typist 10315 Switchboard Operator (E.E.A.), (E.E.A.-6),(E.E.A.-W) 03448, 03500, 03560 Tabulator Operator 11032 Tabulator Operator Trainee 11031 Telephone Operator 10805 Ticket Agent 10705 Toll Collector (Markets) 41115 Transcriber (E.E.A.),(E.E.A.-6), (E.E.A.-W) 03297, 03501, 03561 Transcriber Typist (E.E.A.) (E.E.A.-6) 08988, 08946 Transcribing Typist 10308 Typewriter Maintainer 90810 Typist 10305 Varitypist 10307
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